Paramjeet Singh, J. - (1.) Present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for directing the respondent to refund a sum of Rs. 25,98,766/- along with interest @ 18% charged illegally and wrongly by the respondents, from the date of deposit of the amount till its realization.
(2.) The brief facts of this case, as projected in the writ petition, are that the petitioner purchased Plot SCO No.5, Sector Old Judicial Complex, Gurgaon, measuring 136.125 Sqm. in open auction held on 20.08.2001 on free-hold basis for a consideration of Rs. 63,40,000/-. The petitioner deposited an amount of Rs. 6,34,000/- as earnest money being 10% of the price of the Plot No.5. Thereafter, the petitioner deposited another an amount of Rs. 9,51,000/- to make it 15% of the total price of the plot. In this manner, total sum of Rs. 15,85,000/- had been deposited to make CWP No.20633 of 2011 it 25% of the total sale consideration of the plot in question. The allotment letter dated 20.09.2001 is Annexure P/1. The remaining amount of Rs. 47,55,000/- would be paid in 7 half yearly instalments along with interest @ 15% on the remaining amount. It is one of the terms of the allotment letter that interest would accrue from the date of delivery of its possession to the allottee. The petitioner has averred that there was no development in the area and a big tree was standing in it. So, the possession of the plot could not be delivered to the petitioner. The delivery of possession mentioned in the papers is only a paper transaction. The petitioner made many representations for removal of the tree. The petitioner wrote a letter dated 23.01.2002 (Annexure P/3) to respondent No.2 requesting him to remove the tree and to deliver the possession. The Estate Officer wrote a letter dated 22.03.2002 (Annexure P/6) to the Executive Engineer, HUDA Horticulture Division, Gurgaon, to removal the trees from all plots of judicial complex. But no action was taken for the removal of the tree from the site of the plot. The petitioner felt harassed for non-action of the respondents and ultimately, filed a complaint before the District Consumer Forum, Gurgaon, (Annexure P/7) with a prayer for removal of the tree and handover the actual physical possession of the plot to him. The petitioner intended to make construction at the earliest and has deposited Rs. 4750/- on 20.08.2002 with the building plan as malba fee and map charges etc. The petitioner also deposited Rs. 2 lacs with the Estate Officer and requested him to deliver the possession of the plot, but nothing happened. Thereafter, the petitioner was given personal hearing on 30.10.2002. The petitioner had requested respondent No.2 not to charge any interest or penalty from him as he could not raise the construction for no fault of his.
(3.) When no action was taken, the petitioner filed an appeal before the Chief Administrator, HUDA, which was allowed on 13.09.2006 (Annexure P/9) and the direction was issued to the Executive Engineer to remove the tree from the site, that would be a deemed date of offer of possession. The Estate Officer was directed to calculate the outstanding amount along with interest from the date of actual offer of possession.;